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STATE v. WALDNER

No. 23261.

692 N.W.2d 187 (2005)

2005 SD 11

STATE of South Dakota, Plaintiff and Appellee, v. William E. WALDNER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 19, 2005.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Jeffery J. Tronvold, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Roger W. Ellyson, Watertown, South Dakota, Attorney for defendant and appellant.

ZINTER, Justice.

[¶ 1.] William Waldner appeals his sentences, contending that the State violated the terms of his plea agreement. Because the prosecutor breached a material term of the plea agreement, we vacate the sentences and remand for resentencing before a different judge.

FACTS

[¶ 2.] On February 20, 2004, Waldner pleaded guilty to a series of charges stemming from burglaries he committed in Clark, Codington, Hamlin and Kingsbury...

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